How many specific utilities must an applicant assert for a claimed invention?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An applicant need only assert one credible specific utility for the claimed invention to satisfy the utility requirement under 35 U.S.C. 101 and 35 U.S.C. 112. The MPEP states: an applicant need only make one credible assertion of specific utility for the claimed invention to satisfy 35 U.S.C. 101 and 35 U.S.C. 112; additional statements of utility, even if not “credible,” do not render the claimed invention lacking in utility. This means that if an applicant provides multiple utility statements for an invention, as long as one of them is credible and specific, the utility requirement is met. The presence of additional, non-credible utility statements does not negate the overall utility of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse One Credible Utility Assertion Sufficient for Product Inventions MPEP 2107.02 Utility Requirement Under 35 U.S.C. 112(a) MPEP 2107.02 Credible Utility Notch Prohibits Lack of Utility Rejection MPEP 2107.02 Assertion of Utility Creates Presumption Satisfying Section 101 Utility Requirement MPEP 2107.02 Assertion of Utility Presumes Compliance with Utility Requirement MPEP 2107.02 One Credible Utility Assertion Sufficient MPEP 2107.02 Assertion of Utility Presumes Compliance with Utility Requirement MPEP 2107.02 Evaluation of Utility Statements Must Start with Logic Check MPEP 2107.02 Required Assertion of Utility Must Be Credible MPEP 2107.02 Prohibited Assertion of Utility Must Be Credible MPEP 2107.02 Other Related FAQs 5 FAQs Collapse What is the focus of the utility requirement in patent law? What is a prima facie case for lack of utility and how is it established? How can an applicant respond to a rejection bas...